This document "Public offering on conclusion of agreement to participate in the partner program AdBoorо" is a proposal of FOP (sole trader under the laws of Ukraine) Lukashov Maxim Viktorovich to any juridical and natural persons to conclude the contract on the conditions stated below.
The person accepting this offer, hereinafter referred to as "Partner", comes with the Customer in a contractual relationship on the conditions stated below.
Partner and Customer are individually referred to as "Party" and together the "Parties" of this Agreement.
The contract is considered to be concluded from the moment of acceptance in the manner prescribed in this contract.
The fact of registration as a Partner on the website
www.Adbooro.com is accepted by the Parties the unconditional acceptance of the offering, that is the Partner's consent to conclude the contract with the Customer on the terms and conditions hereof.
1. Basic terms and definitions used in the Offering 1.1. Affiliate program AdBoorо – a specific set of mutually beneficial relations between the customer and the Partners that owns the channels on YouTube (
www.youtube.com) and wishing to become parties to those relations through the conclusion of the Contract. The affiliate program allows Partners to post Customer's information on their YouTube channels and get payment
1.2. Customer's website is the website located on the Internet at
www.Adbooro.com and used to communicate with a Partner.
1.3. Partner's Channel is a channel on YouTube located at the address indicated by Partner in the registration form when registering on the website of the Customer and used to embed the advertising materials of the Customer.
1.4. Partner's account (Partner account) is personal profile of the Partner on the Website of the Customer available to the Partner after entering login and password, automatically created by soft of the Customer Site during activation of the Partner, on the terms of the Contract that contains the settings configuration and Partner data, as well as information about the results of its participation in the Affiliate program.
1.5. Offering is the present document, with all attachments, amendments and supplements thereto, posted on the Website and contains the conditions and procedure of relations between Parties.
1.6. Contract is the contract of compensated rendering of services, entered into and executed by the Customer and the Contractor in the manner and on the terms set forth herein.
2. The subject of the Сontract 2.1. In accordance with the Agreement, the Partner undertakes to render services on placement on the Channel Partner's advertising materials of the Customer, and the customer undertakes to pay these Services in the manner and on the terms specified in this Agreement.
2.2. A mandatory condition of the Contract is unconditional acceptance by the Customer of the terms of the privacy policy posted on the Website and containing the rules of use of personal information of the Customer.
3. The requirements to the Partners 3.1. In order to participate in the Affiliate system owner of YouTube channel is obliged to register on the website
www.Adbooro.com and create Partner account.
3.2. When creating a Partner account, owner of YouTube channel confirms and warrants that he is fully capable, has attained the age of 18 years (for natural persons), has the right to conclude a Contract, is the legal owner of the YouTube channel.
3.3. To participate in the Affiliate system, YouTube channels should meet the following criteria:
· content of YouTube channel should be mostly in Russian and English, and the YouTube channels should be focused on Russian-speaking and English-speaking audience;
· Amount of views of YouTube channel should be no less than 10,000 a day, and the number of subscribers shall be not less than 500 people.
· content of the YouTube channel must not contain:
- pornographic and/or erotic materials;
- propaganda of violence and racial discrimination, graphic violence;
- calls for offences;
- coarse language;
- advertising of online casino;
- have content which can misinform User;
- to be offensive in nature;
- to point out the inequality of people by sex, race, nationality, religion, social or property status.
3.4. By signing up on the website
www.Adbooro.com as a Partner, owner of YouTube channel thereby giving the Customer the permission to place advertising materials on the appropriate YouTube channel.
3.5. The customer has the right at any time to refuse owner of YouTube channel to participate in the Affiliate system without explanation.
3.6. The placing of the playlist of the Customer, the Channel Partner is allowed only in the end screens, the annotations, main channel page.
3.7. When placing advertising materials of the Customer, the channel Partner is prohibited to remove the Advertising materials are placed in the cutscenes, the annotations on the main channel page to the end of reconciliation with the statistics of the Website;
4. Payment 4.1. The customer makes payment to the Partner for the placing and displaying of the Channel (Channels) of the Partner's advertising materials of the Customer.
4.2. Payment is made to the Partner once a month depending on the quantity and quality of screenings, subject to reaching the minimum specified in this Agreement.
4.3. Payment is made only for the actual showing, providing observation of the Partner the conditions of the Contract.
4.4. Payment is made no later than 5 (fifth) day of the month following the month in which was rendered the corresponding services on placing the advertising materials on the Partner Channel. For example, payments received from 1 to 31 August, will be paid until September 5, inclusive.
4.5. Information about the cost and the number of valid showings can be obtained in the Partner's Account on the Website.
4.6. The amount of payments will be calculated solely on the basis of the account of the Customer. Partner's payment may be withheld if the Partner is in breach of the Contract.
4.7. Customer has the right to require Partner to return the amounts that were overpaid in prior periods and payments made for the invalid showing.
4.8. If Partner does not agree with produced or withheld payment under this Agreement, he or he must notify the Customer through Personal account of the Site within 10 (Ten) days from the date of such receipt (retention) payment.
4.9. The minimum monthly payment amount is UAH 100 through the payment WebMoney system .
4.10. Partner is solely responsible for all taxes associated with receipt of Partner's income from the execution of this Agreement.
4.11. Customer makes payments according to the payment details of the Partner specified in the Partner's personal office, through the payment system WebMoney. Partner is solely responsible for the topicality, accuracy and correctness of the details and data specified in the Personal account.
4.12. Payment is considered completed from the moment of debiting funds from the account of the Customer.
5. Illegal activity 5.1. Partners are not allowed:
· to place advertisements on the pages of the YouTube channel which are not corresponding to the provisions of paragraph 3.3. of this Agreement;
· to advertise on the YouTube Channel for which the specified materials are not intended directly;
· to place promotional materials on the channels which contain erotic and pornographic content, including those containing any advertising materials of erotic and pornographic content as well as promotional materials containing scenes of violence and shocking content;
· to carry out any payment and reward to users for viewing advertisements, as well as to motivate the views of advertising materials;
· artificially increase the number of views of promotional materials using special programs and scripts;
· generate views of advertising materials through the traffic purchased or obtained specifically for this purpose;
· to submit or replace advertising materials, also in a manner that may confuse a user;
· to modify or otherwise amend the code of the Partner system;
· to increase traffic using spam;
· to change or add a description of promotional materials, including videos, if it is against the rules of placement of advertising campaign;
· add a description of the advertising materials that contain insulting language or negative remarks about the object of advertising;
· add technical information about promotional materials, including videos;
· to publish in open access (forums, social networks, etc.) screenshots of Partner Account, as well as information about the beginning or the end of the advertising campaign, information about object of advertising, the advertising budget or the cost of one showing;
· to violate the legislation of Ukraine and/or rights of third parties, including those of intellectual property;
· generate automatic clicks, views, showings of advertising materials on the Partner Channel without the knowledge of the visitor of the Partner Channel and/or using automatic programs or using any device, including by clicks or impressions originating from your IP address of a Partner or computers at its disposal;
· to provide visitors with Channel Partner information which is not corresponding to reality.
5.2. The actions and/or inactions of the Partner specified in section 5.1. of this Agreement will be considered by the Customer as an undue activity of the Partner with a partner of the measures provided for in clause 5.3. of this Agreement.
5.3. The customer has the right to apply to the Partner, who has violated the provisions of p .5.1. of this Contract, the following measures:
· to block access to the personal account of the Partner on the Website;
· delete Partner Account on the Website;
· to demand compensation of losses caused, including lost profit;
· to withhold, reduce or demand the return of payments owed or made by Customer in favor of the Partner.
6. The order of counting of showing/ views of advertising materials 6.1. When the count showing/views promotional material at Channel Partner one unique showing/viewing of the promotional material for each user carried out without violating the provisions of this Agreement is counted.
6.2. Showing/viewing of the advertising material is considered unique if a Channel Partner visitor has not previously made it.
7. Referral program terms 7.1. The participant of the referral program is open to any YouTube channel owner who has registered on the referral link generated by the Partner within 30 calendar days after clicking on it and who has a unique device identifier (e.g., IP address).
7.2. Member of referral program receive a remuneration in the amount of 10% of the advertising budget of each involved referral. Payment to the participant of the referral program is carried out in accordance with section 4 hereof.
7.3. In the case that the payment of referral for posting on his YouTube channel of promotional materials would be reduced, including in connection with the violation of the provisions of this Agreement, payments of participant of the referral program is also subject to reduction, in proportion to the amount by which payments to referral for the relevant period.
7.4. It is prohibited to attract referral using e-mail spam, spam in social networks, on forums and other types of spam.
7.5. It is prohibited to attract referral with the help of contextual advertising with the use of the following words - "AdBooro", "Alburo", as well as any words/phrases based on them or similar to them confusingly.
8. Final provisions 8.1. The customer has the right to include names, names of Partners, any names, URLS, Channels, as well as referrals in your presentations, marketing materials, financial reports and other similar materials.
8.2. The agreement shall enter into force from the moment of Partner's registration on the Website of the Customer.
8.3. All disputes arising between the Parties shall be settled through negotiations. Pre-trial procedure for resolution of dispute arising from relations governed by a Contract, is considered mandatory. The deadline for pre-trial settlement of claims is 10 (ten) working days of receipt of the relevant claim. If no agreement is reached regarding settlement of the dispute, such dispute shall be resolved and settled in the Arbitration court of Kiev in accordance with the current legislation of Ukraine.
8.4. Court recognition of any provisions of the Offer invalid and not subject of the application shall not entail invalidation of other provisions of the Offer.
8.5. The contract on the basis of this offering, including all its integral parts, any other documents prepared in its execution, as well as information that became known to the other Party during the execution of the Contract, is confidential. Such information may not be disclosed in any way without the written consent of the other Party either during the Contract or after its termination. Otherwise, the guilty Party shall compensate the injured Party all damages caused by the losses, including lost profits.
8.6. All notices, communications, demands, claims and other similar arising from the Contract documents and the Parties send each other, must be in writing. These documents, sent by Fax or electronic mail, with confirmation being sent, have full legal force and can be used as written evidence.
8.7. On all questions the Customer may contact us by e-mail
[email protected].
8.8. Contact details of Contractor:
Full name: FOP (sole trader under the laws of Ukraine) Lukashov Maxim Victorovich
Date and number of entry in the unified state register: 28.07.2017;
2 480 000 0000 198794
Е-mail:
[email protected]